Canna Business Attorneyshttp://cannabusinessattorneys.com
This is a site for cannabis attorneys to market to cannabis entrepreneurs. It’s brought to you BY attorneys and a marketing professional, FOR attorneys to professionally market. We get it. We understand. We do it every day.Tue, 24 Jul 2018 18:00:30 +0000en-UShourly1https://wordpress.org/?v=5.0.3Trump To Sign Bill Which Could Make Cannabis Federally Legal For The Terminally Illhttp://cannabusinessattorneys.com/trump-to-sign-bill-which-could-make-cannabis-federally-legal-for-the-terminally-ill/
http://cannabusinessattorneys.com/trump-to-sign-bill-which-could-make-cannabis-federally-legal-for-the-terminally-ill/#respondFri, 25 May 2018 18:07:34 +0000http://cannabusinessattorneys.com/?p=1992US President Donald Trump speaks during a meeting with President Shavkat Mirziyoyev of Uzbekistan in the Oval Office of the White House in Washington, DC, May 16, 2018. (Photo by Saul Loeb/AFP/Getty Images)
President Trump is set to sign legislation which could make medical marijuana federally legal for terminally ill patients. The bill, known as the “Right to Try Act,” would allow patients with potentially fatal conditions to try medications that have not yet been approved by the FDA, but are undergoing the approval process and have already passed the first phase of clinical studies.Right to Try was passed unanimously by the Senate last summer and by the House of Representatives on Tuesday in a vote of 250 to 169.

While the bill’s provisions are targeted at a wide range of medications, it appears they might also apply to medical cannabis thanks to a clinical trial being conducted by the Multidisciplinary Association of Psychedelic Sciences (MAPS).

The MAPS trial, currently in the second phase of the FDA approval process, is testing the effectiveness of smoked cannabis in veterans with PTSD and meets all of the criteria set out by the Right to Try.

The majority of states already have their own form of Right to Try legislation, with one notable exception being New York. In Utah, a recently passed law specifically addresses the right of terminally ill patients to try cannabis. However, because cannabis remains federally prohibited, even if a terminally ill patient has the “Right to Try” cannabis on the state level, they’re still in violation of federal law. The Right to Try

A bottle of synthetic psilocybin is displayed for a photograph at the Bluestone Center for Clinical Research (BCCR) at the New York University (NYU) College of Dentistry in New York, U.S., on Wednesday, Nov. 30, 2011. New research in psychedelics such as psilocybin, the main ingredient in “magic mushrooms,” aims for therapeutic uses, such as treatments for anxiety, headaches or quitting smoking. (Photo by Paul Taggart/Bloomberg via Getty Images)

bill, recently passed by Congress, would change that. In addition to cannabis, MDMA and psilocybin could also potentially be used by ‘eligible patients’ since FDA trials of both substances meet the requirements set out in the federal bill.

What’s not clear is what illnesses qualify as life-threatening. Post-traumatic stress disorder, for example, could be argued to be life-threatening given the high rates of suicide among those who are diagnosed, but it’s up for debate. It’s likely that those details will be hammered out on a state by state basis in jurisdictions that have already passed their own version of Right to Try. The full title of the bill suggests as much stating, “in accordance with State law…”

However, in states that lack their own local provisions, the new bill appears to leave plenty of room for interpretation and a potential conflict with local drug laws.

Under the broad wording of the federal bill, no specific illnesses are mentioned. Instead, an ‘eligible patient’ is defined as, “Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted; and Diseases or conditions with potentially fatal outcomes, where the endpoint of clinical trial analysis is survival.”

Patients must also have exhausted all existing treatment options and must be unable to participate in the ongoing trials investigating the drug they want access to. Additionally, they must provide written consent from a qualified physician who does not stand to gain from the trial.

The bill passed on Tuesday after receiving some opposition from Democrats on Capitol Hill who believe that the law will undermine the FDA’s processes.

It’s likely that President Trump will sign the bill in the coming days since he has personally lobbied Congress for its passage. In January, Trump even mentioned the bill in his State of the Union Address saying, “People who are terminally ill should not have to go from country to country to seek a cure. I want to give them a chance right here at home. It is time for the Congress to give these wonderful, incredible Americans the right to try.”

Early Wednesday morning, Trump reiterated his support for the bill tweeting his intention to sign it into law.

]]>http://cannabusinessattorneys.com/trump-to-sign-bill-which-could-make-cannabis-federally-legal-for-the-terminally-ill/feed/0Carrying around a joint would be okay in North Carolina if new bill passeshttp://cannabusinessattorneys.com/carrying-around-a-joint-would-be-okay-in-north-carolina-if-new-bill-passes/
http://cannabusinessattorneys.com/carrying-around-a-joint-would-be-okay-in-north-carolina-if-new-bill-passes/#respondFri, 25 May 2018 18:04:14 +0000http://cannabusinessattorneys.com/?p=1989

RALEIGH, NC (FOX 46 WJZY) – A new proposal in Raleigh would make it legal for people to carry four ounces of marijuana or less in North Carolina. That means carrying a joint would be okay.

Rep. Kelly Alexander (NC-107th) brought to the table House Bill 944 (H.B. 944). If it is passed, it would increase the amount of marijuana that may be legally possessed for personal use. It would also allow certain convictions for marijuana possession to be thrown out.

This means there would be no punishment for having up to four ounces of marijuana. Anyone in possession of more would face a Class 1 misdemeanor.

We received a number of calls into the FOX 46 newsroom on this topic. Many of the people who called in were in favor of legalizing pot.

“I think you should legalize [marijuana]. Many of our young black men will stop being locked up for carrying marijuana and stuff,” one caller said.

“This is ludicrous that the State of North Carolina is so far being in trying to pass this law. It is also unnecessary to have teenagers locked up for the use of marijuana,” another caller said.

While the first stages of that bill are underway, things are already in the process in South Carolina to get medical marijuana legalized. One of the biggest proponents of making medical cannabis legal in the Palmetto State is also a state senator.

“We want a true medical bill that puts medicine in the hands of people who need it under a doctor’s supervision,” State Sen. Thomas Davis (SC-46th) told FOX 46 in a previous interview.

Other advocates say medical cannabis is need to save lives and improve overall health in South Carolina.

Still, there’s resistance.

“The largest pushback that we’ve received so far has been from law enforcement, mostly.”

Agencies, like SLED and the Sheriff’s Association, have declined to tell FOX 46 why they believe legalizing marijuana for medicinal purposes would be wrong for the state.

An online petition has been started to decriminalize marijuana in North Carolina. To learn more, click here.

What’s on tap: The tricky task of protecting intellectual property tied to cannabis. Also, everyone’s talking about the problem of banks shunning the marijuana industry, but what’s the solution? Welcome to Higher Law.

Welcome to Higher Law, our new weekly briefing about all things cannabis. I’m Cheryl Miller, reporting for Law.com from Sacramento. This week we’re looking at the tricky task of protecting intellectual property tied to cannabis. Also, everyone’s talking about the problem of banks shunning the marijuana industry, but what’s the solution? And scroll down to see who got the work.

New York Mayor Bill de Blasio has ignored the city’s racially skewed arrest record on cannabis possession for years. This morning he pledged to do something about it. (Julio Cortez/AP)

The movement for cannabis reform in New York, long stifled by Gov. Andrew Cuomo and NYC Mayor Bill de Blasio, seems to be approaching a point of breakthrough this week.

Earlier today, New York City Mayor Bill de Blasio announced that the New York Police Department (NYPD) will reform its cannabis enforcement policies by mid-June. “We must end unnecessary arrests and end disparity in enforcement,” de Blasio wrote in a mid-morning tweet.

De Blasio’s announcement came a little more than 48 hours after the New York Times published an investigation that found that black people were arrested on low-level marijuana charges at eight times the rate of white, non-Hispanic people during the past three years. Hispanic residents were arrested at five times the rate of white people. In Manhattan, the Times found, black people were arrested at 15 times the rate of white people.

New Visibility for an Old Problem

While the problem of New York cannabis arrests and their attendant racial disparities has long simmered in the city, developments in the past several months have brought the issue to a full boil.

‘The city has proven itself unwilling to end discriminatory marijuana possession policing. The situation is becoming intolerable.’

-Rory Lancman, NYC City Council member

On Monday, the day after the Times report landed, the New York Daily News reported that the head of the City Council’s justice committee, Councilman Rory Lancman, had asked New York City’s five district attorneys to stop prosecuting low-level cannabis possession cases entirely.

“The city has proven itself completely unwilling to end discriminatory marijuana possession policing,” Lancman said. “The situation is becoming intolerable.” He asked that misdemeanor charges for consuming cannabis in public be knocked down to simple violations, a move that would treat smoking on the sidewalk more like jaywalking than assault.

Manufacturing Criminal Records

More than a third of the people arrested on low-level cannabis charges last year had no previous criminal record, New York City Police Commissioner James P. O’Neill said at a City Council meeting Monday.

The Brooklyn district attorney’s office, which decided in 2014 to stop prosecuting many low-level cannabis charges, is weighing an option to expand the policy to include people who consume in public without creating a public nuisance.

Manhattan’s district attorney office, meanwhile, is considering adopting a plan similar to Brooklyn’s and halting the majority of low-level prosecutions in the borough. An official there told the Times that of the more than 5,000 people arrested on low-level cannabis charges in Manhattan last year, about 100 to 200 would be prosecuted under the current plan.

It’s still unclear, the paper reports, how prosecutors in the city’s other bureaus might respond.

Nixon’s Entry Pushed the Issue

Statewide, the entry of Cynthia Nixon into New York’s Democratic primary race for governor has forced current Gov. Andrew Cuomo to rethink his longtime opposition to cannabis legalization. For years, the state’s medical cannabis program has stalled under his watch, and Cuomo has famously opposed full adult legalization.

Over the past few weeks, though, Nixon has used the cannabis issue to highlight the difference between the candidates. In tweet after tweet, the former Sex and the City star has hammered on the need to legalize statewide, citing current racial disparities in arrests as well as the economic benefits likely to flow from a regulated market.

‘Already Legal’ for White People

Sunday’s New York Times investigation provided hard evidence to back up something New Yorkers of color have known for decades: White people generally don’t get arrested for cannabis, but people of color do.

“An analysis by The Times found that fact did not fully explain the racial disparity,” the article notes. “Instead, among neighborhoods where people called about marijuana at the same rate, the police almost always made arrests at a higher rate in the area with more black residents, The Times found.”

A piece published the same day by the Times editorial board put it more bluntly: “Studies have repeatedly shown that people across most racial groups use the drug at comparable rates. But the arrest rates for black and brown citizens are sharply higher than they are for whites—mostly because young men of color attract more scrutiny from the police.”

No Public Safety Benefit

These disparities are all the more indefensible because low-level marijuana arrests have no public safety benefit. A 2017 analysis by Harry Levine, a sociology professor at Queens College, debunked the oft-heard claim that petty marijuana arrests get serious offenders off the street, noting that 76 percent of those arrested for marijuana possession during the previous year had never been convicted of any crime.

The editorial likened the city’s handling of cannabis arrests to its stop-and-frisk practice, which a federal judge in 2013 ruled was unconstitutional because it illegally detained and searched minority citizens. “If the city isn’t careful,” the Times wrote, “it could find itself hauled into court again—this time for marijuana arrests.”

Tipping Point

All the action has led cannabis legalization advocates to talk about marijuana legalization reaching a tipping point in New York. The state’s Democratic party is already expected to endorse a plan at the party convention next week to fully legalize adult-use cannabis.

“Ending marijuana prohibition and establishing a system to tax and regulate marijuana for adult use is the smart choice for New York communities,” said Kassandra Frederique, New York state director for the Drug Policy Alliance, “because it will alleviate one of the biggest causes of negative interactions with law enforcement. Legalizing marijuana will also provide an opportunity, due to the revenue it will generate, for the communities that have been most devastated to start to repair the harms of the drug war.”

U.S. Attorney for the District of Oregon Billy J. Williams, left, speaks at a Feb. 2 cannabis summit in Portland, Ore., as Oregon Gov. Kate Brown sits at right. The U.S. Attorney for Oregon said in a memo released Friday that he will prioritize enforcement of marijuana overproduction and interstate trafficking in the state. Williams is the first U.S. attorney to detail his strategy for enforcing federal drug laws in a state where marijuana is legal. The memo comes three months after Williams convened a summit in Portland to discuss what he calls a “significant overproduction“ of marijuana in the state that’s driving an illicit market and illegal trafficking to other states that have not legalized pot. (AP Photo/Don Ryan, File)

PORTLAND, Ore. (AP) — The illcit market for marijuana is thriving in Oregon and an oversupply of cannabis from growers is flowing to more than two dozen states where pot remains illegal, a top federal law enforcement official said Friday.

U.S. Attorney Billy Williams said the state has a “significant overproduction” problem and that he would prioritize enforcement of overproduction, interstate trafficking, organized crime and cases involving underage marijuana use and environmental damage from illicit pot farms.

The comments, which echoed those he made earlier this year, were included in a memo that outlines his plans for enforcing federal drug laws in a state with legalized marijuana. Williams is the first U.S. attorney to issue such guidance after Attorney General Jeff Sessions rescinded the Obama administration’s guidance on pot-friendly states in January.

“I applaud him for not wasting any taxpayer dollars on trying to mess with the legal system as it’s set up.”

-Brent Kenyon, cannabis consultant

“As the primary law enforcement official in Oregon, I will not make broad proclamations of blanket immunity from prosecution to those who violate federal law,” he wrote.

Sessions asked federal prosecutors to determine cannabis policies for their districts, prompting Williams to convene a summit in Portland earlier this year to discuss the state’s oversupply problem. At the time, Williams also penned an editorial that described a glut of marijuana making its way out of the state illegally and called for action by local and state leaders.

Those in the cannabis industry reacted with cautious optimism to the memo and said it didn’t seem to change federal marijuana policy in Oregon.

“I think that’s already what law enforcement was focusing on and we need to crack down on the illegal grows out there, which is not good for the legal market either,” said Brent Kenyon, who runs a consulting business that helps entrepreneurs set up pot businesses.

“I applaud him for not wasting any taxpayer dollars on trying to mess with the legal system as it’s set up.”

The state currently has nearly 1 million pounds (453,592 kilograms) of marijuana flower in inventory, a staggering amount for a state with a population of 4.1 million people. That doesn’t include 350,000 pounds (158,757 kilograms) of cannabis edibles, tinctures and concentrates.

The retail price for a gram of pot has fallen about 50 percent since 2015, from $14 to $7, according to a report by the Oregon Office of Economic Analysis. Legal growers and retailers alike have felt the sting.

The true amount of marijuana leaving the state is hard to pin down, said Beau Whitney, a senior economist at New Frontier Data, a national cannabis analytics firm.

The state has 21 million square feet (195 hectares) of legal cannabis growing and a $1 billion market statewide, he said. Of that, about one-third — or about $300 million — is diverted to the illegal market within the state, but it is not clear how much is leaving Oregon, he added.

The amount being grown legally is “more than enough to handle all of the demand in Oregon and so to me, it’s no wonder that there’s excess supply in the space. What people choose to do with it, it’s tough to estimate,” Whitney said.

“They’re saying, ‘If you’re exporting, then we’re going to come down on you.”

To that end, Williams said Oregon needs to do a better job at gathering data about the cannabis industry and devote more resources to enforcement and oversight. Federal prosecutors have finite resources in Oregon, he wrote, and they will “strategically consider” which cases to pursue, in some cases favoring asset forfeiture and other civil punishments over criminal prosecutions.

Jennifer Clifton is the founder of Clifton Cannabis Law, LLC.Jennifer is a skilled corporate lawyer with the heart of an entrepreneur. Her career spans several industries and includes working for national law firms, serving as in-house counsel and nearly a decade of tax law, representing clients before the IRS. She has started two businesses of her own, one of which attracted attention from Oprah Winfrey, USA Today, People Magazine and The New York Times.

Jennifer’s background as an entrepreneur combined with her vast legal experience in corporate transactional law, securities law and tax law, uniquely position her as an invaluable resource to any entrepreneur. For a number of years, Jennifer has advised and represented entrepreneurs at all stages of their journey and has particularly enjoyed her Cannabis-business clients.

Cannabis entrepreneurs are forging the way in a rapidly evolving new frontier. Each day, state and legal development, bring the cannabis entrepreneur new opportunties and challenges they must navigate with care. Jennifer and her team, through their comprehensive understanding of the issues faced by any startup as well as experience in the cannabis space, specifically, are ready to support and advocate for you at each step and turn along the way.

Jennifer is licensed in California and Oregon, and represents canna-businesses in both states.

Kevin Jacoby

Oregon , Portland

The Oregon Cannabis Law Group is lawyers Andrew C. DeWeese, Esq. and Kevin J. Jacoby, Esq., and paralegal Jennifer Berndt, JD. We are knowledgeable cannabis industry professionals who provide our clients with business-oriented, effective problem solving, and are committed to following the highest standards of legal ethics and professionalism.

We help clients in all sectors of the legal cannabis industry, in all areas of Oregon and beyond. We keep abreast of the constantly changing laws, rules, and regulations, and we respond to our clients’ questions in a timely and knowledgable manner. We assist clients in applying for recreational cannabis licenses, including OLCC production (growing), processor, wholesale, retailer, research certificate, and laboratory licenses, as well as medical dispensary and processor licenses. We assist in all aspects of the process, from vetting land and preparing Land Use Compatibility Statements for submission to local authorities, to operating and security plan compliance, to license application submission, to preparing for inspection, liaising with inspectors, and, if need be, contesting license denials via administrative proceedings. Our clients benefit from our experience in forming corporations and limited liability companies with fair, clear corporate documents and governance procedures.

Whether your business is having compliance issues with a state agency, trouble with a competitor, a breach of contract by a SUPPLIER, or being sued by a disgruntled employee, our trial lawyers provide experience-driven strategic advice to achieve the best possible result. We also have extensive experience handling high-profile, complex and factually-intensive partnership, limited liability company membership and close corporation disputes, as well as prosecuting and defending business torts such as fraud, embezzlement, breach of fiduciary duty, and defamation.

Todd Levitt

Michigan , Mount Pleasant

Attorney Todd L. Levitt, has specialized in criminal defense of schedule 1 drugs for more than 23 years. Levitt, has defended the rights of medical marijuana patients as well as those whom find their constitutional rights violated. Levitt, is one of Michigan’s top cannabis business lawyers assisting those seeking to obtain licensing to operate legal cannabis businesss throughout the state. Levitt, also consults with individuals and corporations in the cannabis industry throughout United States.

Melissa Chapaska

Pennsylvania , Harrisburg

Cannabis Law PA is a Harrisburg law firm committed to providing thorough, effective and complete guidance to cannabis and cannabis-related businesses. Our lawyers have helped clients navigate various regulatory landscapes at federal, state, and local levels since 1982. As a result of this experience, our lawyers are uniquely positioned to help clients understand the regulatory landscape of Pennsylvania’s new Medical Marijuana Act signed into law on April 17, 2016. Cannabis Law PA attorneys have helped hundreds of clients similar to medical cannabis growers, processors, and dispensaries, comply with state laws as they plan, form, and operate their enterprises within highly regulated industries. Located within walking distance of the Pennsylvania State Capitol and Pennsylvania Department of Health, Cannabis Law PA is able to help businesses wishing to enter the Pennsylvania medical marijuana industry or existing businesses impacted by it.

Whether you are in business to safely grow, process, or dispense medical marijuana, or whether you are worried about the impact the new Pennsylvania law will have on your healthcare facility or business insurance requirements, our firm can provide in-person as well as virtual consultations to answer and discuss legal issues surrounding medical marijuana business development, financing, licensing, permitting, use, administration, research, and impacts of the Medical Marijuana Act.

Our attorneys provide guidance to clients with:

Regulatory Compliance
Application Assistance
Business Plan Development
Permitting for Growers, Processors, and Dispensaries
Entity Formation
Understanding Federal vs. State law Conflicts
Interacting with Local Municipalities
Certification of Minority or Women Owned Business Enterprises
Contract Negotiations and Drafting
Sales and Leasing Transactions
Grant Funding for Medical Marijuana Research
Business Connections
Insurance Issues
Litigation